Burn injuries are some of the most painful injuries and can be caused in a variety of ways including: motor vehicle collisions; workplace accidents; fire; explosions; arson; intentional harm, faulty consumer products; steam; hot water; hot coffee or gross negligence. An example of gross negligence may be a consumer product that can be easily exposed to a flame, but not being subjected to an industrial burn test before sale.
The severity of a burn is measured in degrees:
- 1st degree burn – damage to the first layer of skin called epidermis
- 2nd degree burn –damage to 1st and 2nd layer of skin dermis and the epidermis
- 3rd degree burn –damage to the entire thickness of epidermis and dermis
- 4th degree burn – damage has moved beyond dermis and epidermis
Higher settlements are awarded for more serious burn injuries due to pain, disfigurement and permanent scarring. Serious burn injuries often require multiple surgeries or skin grafts to restore affected areas and may further worsen beyond the initial injury. The settlements for burn injuries take into account the severity of the burn; the area of the burn; infection and surgical complications; the extent of the disfigurement and scarring to the victim’s body and face; the extent to which the victim is psychologically harmed; how the injury occurred and the overall impact on the victim’s quality of life and ability to function.
Damages for the burn victim include compensation for pain and suffering; past and future loss of income; attendant care, medical and rehabilitation expenses and other health care expenses; loss of homemaking and home maintenance capacity and other out of pocket expenses. Workplace injuries resulting in burns may have different forms of compensation under the Workplace Safety and Insurance Act; however, it is important for the victims and their families to immediately contact a lawyer to protect their rights to seek compensation. If the injury resulted from a motor vehicle accident, the victim would be entitled to recover benefits under Ontario’s No-Fault Benefit Schedule, in addition to the potential tort claim.
At Futerman Partners LLP, we advocate for you to recover the benefits and the compensation you deserve. We will help you to understand your rights, legal fees, case elements, and other relevant matters in your claim.
If you or a loved one has sustained burn injuries in an accident, contact Futerman Partners LLP at 416 925 4100 for a free no obligation consultation. There are no upfront fees and you will get the benefit of our over 35 years of experience and proven track record of success in resolving burn injury claims at mediation and through the trial process, if necessary.